Non-Tariff Measures to Trade Economic and Policy Issues for Developing countries.

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United Nations Conference on Trade and Development Non-Tariff Measures to Trade Economic and Policy Issues for Developing countries. Prepared for the WTO workshop: The Effects of NTMs on the Exports of Small Economies, Geneva, 23 October 2013 Alessandro Nicita and Ralf Peters Division on International Trade in Goods and Services, and Commodities UNCTAD, Geneva 1

Publication NON-TARIFF MEASURES TO TRADE: Economic and Policy Issues for Developing Countries seeks to inform policymakers and trade analysts on trade issues related to nontariff measures, with particular attention to those more relevant for developing countries. Google search: ntm trade unctad Link:http://unctad.org/en/pages/PublicationWebflyer.aspx?publicationid=625

What is in the Report The report provides: Definition, incidence and some statistics related to NTMs Overview of the methods used to quantify the effects of NTM Review of case studies on the effects of NTMs Reporting, monitoring, existing databases on NTMs Regulatory frameworks of NTMs (WTO and Regional) NTMs in the context of national reforms

Non-Tariff Measures vs Non-Tariff Barriers The report does not intend to distinguish NTBs from NTMs NTMs: Policy measures, other than ordinary customs tariffs, that can potentially have an economic effect on international trade in goods, changing quantities traded, or prices or both. NTBs: Policy measures that surely affect quantity traded and prices and have proven discriminatory effects against foreign firms

What are non tariff measures? YES (RULES AND REGULATIONS) Import prohibitions / bans General or product-specific quotas Quality conditions, and proofs Sanitary and phyto-sanitary conditions Determination of eligibility (geographical) Documentation: Certificate of Origin, etc Import licenses Export subsidies Fixation of a minimum import price Voluntary Export Restraints Foreign exchange market controls Export restrictions Para-tariffs and others NOT Overvalued currency Inadequate infrastructure Corrupt and/or lengthy customs procedures Employment law Occupational safety and health regulation Private Standards Not Exhaustively Rules of Origin Subsidies Procurement Intellectual property laws

Why trade is regulated by NTMs? Protect consumers (SPS TBT) Protect the environment (SPS TBT) Regulate domestic markets (Pricing, Licenses) Protect domestic firms (AD, subsidies, quotas) Avoid unintended spillovers (ROO) Many NTM are legitimate and are there to stay (cannot be negotiated away). Still, NTMs may have large effects on trade.

Highlight (#1): Tariffs vs Non-Tariff Measures cost estimates 35.0 30.0 25.0 MA-OTRI 20.0 15.0 10.0 5.0 0.0 Total Ag. Mfg. Total Ag. Mfg. Total Ag. Mfg. High income Middle income Low income Tariff Non-Tariff

Highlight (#2): Trends Reliable market access and trade opportunities increasingly depend on compliance with technical non-tariff measures. Frequency Index 60% 50% 40% 30% 20% 10% 0% Technical Measures Price Control Quantity Control Other Measures 1999 2010 Technical and Non-Technical NTM vs GDP per Capita Technical NTM Fitted Line Non - Technical NTM Fitted Line 1 6 7 8 9 10 11 log GDP per capita.8.6.4.2 0 Coverage Ratio Developing countries regulate imports by non-technical NTMs Developed countries imports are regulated by technical measures 8

Highlight (#3): Complexity NTMs include complex and diverse instruments. Understanding their impact on trade requires detailed information and appropriate specific analysis. Add Costs to Trade Information and Compliance Preclude trade Prohibitions, stringent requirements Divert Trade Quotas Standardize/Segment markets SPS and TBT 9

Highlight (#4): Distortionary Regardless of whether NTMs are imposed with protectionist intent or to address legitimate market failures, NTMs often impose additional costs on trading. These costs tend to be higher for some than for others Compliance costs are often fixed (small firms disadvantaged) Cost of complying is often dependent on infrastructures. 10

Highlight (#5): NTMs bias vs low income countries Some issues: Cost of compliance is often higher for firms operating in low income countries. Even if NTMs are uniformly applied AVE are bilateral. GVC localization. Competitive markets means that higher costs of compliance affect localization of GVC. SME face market segmentations (no diversification) NTMs are more common in goods exported by low income countries (agriculture, apparel) 11

Highlight (#6): Domestic Policy Streamlining NTMs process Principle of efficient regulations: policy effort is critical to ensure that NTMs serve their intended legitimate purposes. Efficient regulations are essential for addressing domestic concerns while not decreasing competitiveness NTMs can have large spillovers and therefore should be precisely targeted to the market failures they are trying to correct 12

Highlight (#7): Policy responses from multilateral perspective Measures with a evident protectionist intent Removal of protectionist measures in the appropriate fora Non protectionist measures: Harmonization of standards, custom procedures, mutual recognition principle (Negotiations in PTA, RTA, WTO) Other measures not negotiable within PTA. Technical Assistance in production and export processes Costs associated to the NTM could be covered by: Aid for Trade, Technical assistance (development assist.) Partnership agreements (mutual interest within PTA) Global chains investments (profit driven)

UNCTAD program on NTMs data Research and policy output is possible only with good data. UNCTAD is committed to provide good data /information on NTMs. Data collection at UNCTAD with internal resources jointly with other organizations seeking support from donors 14

Purposes of the NTMs Data at UNCTAD For Transparency To better understanding on the use of NTMs (what types, where, on what) To contribute to raise awareness/importance of NTMs To show deficiencies in notification mechanisms For Research Quantification of the effects of NTMs For Policy Ultimately to inform the policymaking process 15

UNCTAD contribution to fill the Transparency Gap UNCTAD contributions related to NTM data Data collected since early 1980s but substantial improvements required to keep up with the increasing complexity of and need for NTM data UNCTAD initiative with Group of Eminent Persons and multi- Agency Support Team Detailed Classification SPS, TBT,, Export restrictions New effort in data collection. Official NTM data are collected jointly with partners - International effort coordinated by UNCTAD Sustainability of data collection and quality of data to fit the purposes 16

The NTM classification MAST Members: FAO IMF ITC OECD UNCTAD UNIDO World Bank WTO Suited for: TRANSPARENCY ANALYSIS COLLECTION Import measures Export measures Technical Measures Non- Technical Measures A SPS B TBT C Pre-shipment clearance and other formalities D Price control E Licenses, quotas, prohibition & other quantity control m. F Charges, taxes and other para-tariff measures G Finance H Anti-competitive I Trade-related Investment J Distribution Restrictions K Post-Sales Services L Subsidies M Government Procurement N Intellectual Property O Rules Of Origin P Export-related Measures Classification adopted by UNCTAD, ITC and WTO 17

Partnerships with other organizations Transparency in Trade Initiative A joint effort by the AfDB/ITC/UNCTAD/World Bank Supported also by donors: Russia More info at: http://www.tntdata.org/

Data Availability (more countries in the pipeline) Latin America and the Caribbean North America Europe and Central Asia Middle East and North Africa Sub-Saharan Africa South Asia East-Asia and the Pacific Argentina E.U. Egypt Burkina Faso Afghanistan China Bolivia Kazakhstan Lebanon Cote d Ivoire India Japan Brazil Morocco Guinea Nepal Lao PDR Chile Tunisia Madagascar Pakistan Colombia Mauritius Sri Lanka Costa Rica Namibia Cuba Senegal Ecuador Tanzania Mexico Paraguay Peru Uruguay Venezuela 19